Carlson v. Carlson

30 Citing cases

  1. State Farm Mut. Auto. Ins. Co. v. Shrader

    882 P.2d 813 (Wyo. 1994)   Cited 99 times
    Rejecting the position "that an insured must first obtain a determination of the fault and damages caused by an uninsured motorist before filing a direct action against the insurer"

    The decision to order separate trials is within the discretion of the district court and will not be disturbed on appeal unless an abuse of discretion is found. Carlson v. Carlson, 836 P.2d 297, 305 (Wyo. 1992); Tremblay v. Reid, 700 P.2d 391, 398 (Wyo. 1985). On appeal, this court considers an abuse of discretion to have occurred when a court exceeds the bounds of reason or commits an error of law. Combs v. Sherry-Combs, 865 P.2d 50, 55 (Wyo. 1993); Martinez v. State, 611 P.2d 831, 838 (Wyo. 1980).

  2. Whitney v. McDonough

    892 P.2d 791 (Wyo. 1995)   Cited 10 times
    Finding that there were not sufficient grounds to set aside a default when appellant testified that he failed to answer the complaint because he was unable to hire an attorney

    The movant carries the burden of bringing himself within the rule's provisions. Carlson v. Carlson, 836 P.2d 297, 301 (Wyo. 1992). An order denying relief under Rule 60(b) is appealable. Dexter, 649 P.2d at 681.

  3. Vanasse v. Ramsay

    847 P.2d 993 (Wyo. 1993)   Cited 78 times
    In Vanasse v. Ramsay, 847 P.2d 993, 997–98 (Wyo.1993), this Court reversed a trial court decision setting aside entry of default where the defaulted party had relied upon its insurance company to answer the complaint after service and had not ensured that a response was timely filed.

    U.S. Aviation, Inc. v. Wyoming Avionics, Inc., Wyo., 664 P.2d 121 (1983).Carlson v. Carlson, 836 P.2d 297, 301 (Wyo. 1992) (quoting S.C. Ryan, Inc. v. Lowe, 753 P.2d 580, 582 (Wyo. 1988)). See also, Spitzer v. Spitzer, 777 P.2d 587, 592 (Wyo. 1989); State ex rel. TRL by Avery v. RLP, 772 P.2d 1054, 1057 (Wyo. 1989); Claassen, 756 P.2d at 193; Hochhalter v. Great Western Enter., 708 P.2d 666, 668 (Wyo. 1985); Booth v. Magee Carpet Co., 548 P.2d 1252, 1254 (Wyo. 1976).

  4. Chamberlain v. Ruby Drilling Co., Inc.

    986 P.2d 846 (Wyo. 1999)   Cited 3 times

    The movant carries the burden of bringing himself within the rule's provisions. Carlson v. Carlson, 836 P.2d 297, 301 (Wyo. 1992). An order denying relief under Rule 60(b) is appealable. Dexter, 649 P.2d at 681.

  5. Multiple Resort Ownership Plan, Inc. v. Design-Build-Manage, Inc.

    2002 WY 67 (Wyo. 2002)   Cited 12 times

    Our review of this sequence of determinations by the trial court is limited to a determination of whether in resolving these questions the trial court abused its discretion. Carlson v. Carlson, 836 P.2d 297, 301 (Wyo. 1992); followed in Whitney, 892 P.2d at 794; Vanasse, 847 P.2d at 996. Fluor Daniel, 956 P.2d at 1134.

  6. Beavis v. Campbell Cty. Mem. Hosp

    2001 WY 32 (Wyo. 2001)   Cited 11 times
    Affirming dismissal of claims for negligent hiring and negligent training/supervision

    [¶ 17] As an element of their third issue, the Beavises contend the district court erred in bifurcating the negligence claim against Hazlett from the negligent hiring claim against CCMH and the negligent training/supervision claim against Dr. Horan. The decision to order separate trials is within the discretion of the district court and will not be disturbed on appeal unless an abuse of discretion is found. Carlson v. Carlson, 836 P.2d 297, 305 (Wyo. 1992); State Farm Mut. Auto. Ins. Co. v. Shrader, 882 P.2d 813, 829 (Wyo. 1994); Tremblay v. Reid, 700 P.2d 391, 398 (Wyo. 1985); Thomas v. Roth, 386 P.2d 926, 927 (Wyo. 1963). In past cases, we have approved of district courts' decisions to conduct separate trials on distinct and independent issues.

  7. Orosco v. Schabron

    9 P.3d 264 (Wyo. 2000)   Cited 6 times

    We review the ruling of a trial court on motions presented pursuant to Wyo. R. Civ. P. 60 (b)(1) and (6) only for an abuse of discretion. Vanasse [v. Ramsey], 847 P.2d [993] at 996 [(Wyo. 1993)]; Carlson v. Carlson, 836 P.2d 297, 301 (Wyo. 1992); U.S. Aviation, Inc. v. Wyoming Avionics, Inc., 664 P.2d 121, 126-27 (Wyo. 1983). Essentially the resolution of such motions is left to the sound discretion of the trial court, as defined in Martin v. State, 720 P.2d 894, 897 (Wyo. 1986):

  8. Fluor Daniel (Nposr), Inc. v. Seward

    956 P.2d 1131 (Wyo. 1998)   Cited 15 times

    Our review of this sequence of determinations by the trial court is limited to a determination of whether in resolving these questions the trial court abused its discretion. Carlson v. Carlson, 836 P.2d 297, 301 (Wyo. 1992); followed in Whitney, 892 P.2d at 794; Vanasse, 847 P.2d at 996. Fluor Daniel urges that its failure to answer the Complaint within the time provided in the rules was the result of excusable neglect and that the default should have been set aside pursuant to WYO. R. CIV. P. 60(b)(1).

  9. M & A Construction Corp. v. Akzo Nobel Coatings, Inc.

    936 P.2d 451 (Wyo. 1997)   Cited 11 times

    Vanasse v. Ramsay, 847 P.2d 993, 996 (Wyo. 1993) (quoting Claassen v. Nord, 756 P.2d 189, 193 (Wyo. 1988)). The party who is seeking to have an entry of default vacated must establish that he is entitled to such relief. Carlson v. Carlson, 836 P.2d 297, 301 (Wyo. 1992). The reasons for setting aside a judgment under W.R.C.P. 60(b) are relevant in determining whether good cause has been shown for vacating an entry of default.

  10. STATE, DEPARTMENT OF FAMILY SERVICES v. PAJ

    934 P.2d 1257 (Wyo. 1997)   Cited 10 times

    The granting of relief pursuant to that rule is a matter of the exercise of discretion by the trial court, and appellate review is limited to the question of whether the trial court abused its discretion. Carlson v. Carlson, 836 P.2d 297, 301 (Wyo. 1992) ( quoting S.C. Ryan, Inc. v. Lowe, 753 P.2d 580, 582 (Wyo. 1988)). A court abuses its discretion when it exceeds the bounds of reason or commits an error of law, with the ultimate standard being whether or not the court could have reasonably concluded as it did. Sharpe v. Sharpe, 902 P.2d 210, 213 (Wyo. 1995).